Revolutionary War Pension and Bounty Land Warrant Application File R. 3719, [BLANK] Fowler, Maine Residence Of Widow In 1838

SERVICE
NUMBER
?
Fowler, ✓
R. 3719.
Susanna
Maine residence of widow in 1838.
CONTENTS

3719
P. O.
Susanna Snoler
Service: _____
As papers are missing - there is not much doubt they were sent to U.S. Dist. Atty
Enlisted: Portland, Maine for prosecution
Discharged: for fraud & not ret'd , 18
Application filed: _____, 18
REJECTED
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

R1573-Sept 8 1838.
Pension Office.
Susanna Hawley
Referred to the President Sept 8 th 1838.

Shippensburg State of Maine August 30th 1838
My Friend and Very Dear Sir I am in great trouble on account of sending on papers to the Secretary of war's office For I have widowed one of my Neighbors who is 87 years of age who lost her husband in the Revolution war whom I have been from that time to this in a suffering situation I was not to receive her money by any convener in any way whatsoever I got the Judge to take the widows petition and arrange all papers she thought proper and she sent them to Mr Edwards the Governor of Peabody she sent to Judge Hale for more proof in November Last and the papers were sent on and they say that they are none and is left right that I must suffer imprisonment and both for any other cause by only for my poor Neighbor Savannah Fowler Mr Edwards have put the case into Mr Joseph Howard's hands I still attend at Portland at the Grand Jury man she sent the District Marshall and first met at Seabury and the same man to attend Court at Portland County and I have to mortgage what little property I own to appear at Court the first of October Next I am in a man who was born without feet and have to walk on my knees for it living and to maintain my aged Mother 84 years of age my Health is such I can't sit up nor go out about only part of the time the widow Fowler is not owed one cent of money and I was not her agent and here I stand for me to suffer imprisonment in these Lands of Liberty I have supported and drove ahead these 30 years to support the General Court I stand to you as a Chief Magistrate to grant me a pardon for any wrong I have of any kind and I hope that your tender feelings will send Mr Edwards a line to please give truth with or against me and that he may send to Mr Howard at Portland County to give up my bond of three hundred dollars of opening all were at 120 mills I shall have to give it for a couple and Seabury man I should expect to die on the road of any thing is done it must be done in one month before the Court sets this is the bond I petition sent on to Mr Edwards of about 40 of the first Counties in Shippensburg and Portsmouth excepting Mr Edwards to send to Mr Howard to give up my bond to the honorable Aaron Vanburen Chief Magistrate of the United States your Humble Servant Josiah Phillips

Aug 11 Cinc
To the Honorable James L. Edwards Commissioner of Patents Washington City
FREE
[Large decorative flourish signature]

Shitney August 26th 1838
To the Honorable James L Edwards Commissioner of Pensions I Have Made great grief and screw to think that I ever sent it since first or last to the Department and there is the last that I shall ever trouble the Department with Firstly I was not appointed and was not a suitable person to transmit such Premises and as Mr Fowler gave me to you 20 mills to gette Judge Hayre on the ground and He wore His agent and sent His papers on last month and we thought them to be correct Mr James Brown testified to me before Mr Lucey Furniss as it pertains to what see stated and I gave Him 25 cents in Cash for His information and He handed the same to Mr Howard and I was astonished But knowing that Mr Brown is a man Not at all times alike, morning and evening He gave Very different I was hidet By Mr Howard to Portland I Bore my own expenses and they Brought me to attend Court all was easet the 1 day of October Last I How I felt that they made my Body that and made me gave it more of what Little property I made all But my Life and I expected that my Life would have and Be as Mr Selley Case the Gentlemen the First Carters in Portsmouth and Shitney Have since it worthy Petition sent to your honor hoping By these means that you will forgive me at once Agent Same see the creatures and Robert Mr Joseph Howard of Portland to settle some from me Bonds of I could see you I would for all your fees and Bage your Pardon But I hope that you will pardon me as I owe Not Neeu any money and shall never trouble your Department No more For ever what ever I write to move your favor or feelings my Petition mansons of my having No fees and of my walking on my shoes is true and my Neeu is Now here that I cant get work the arrest my Flour and Now out of Health I cant settle up But I have Little time in it Bage and it is impossible for me to you 120 mills to attend Court and of my Life is to you I Have nothing that my money would take it all my Home

wether my aged mother 83 1/2 years of age might see the last of me and my wife and children which all look up to me for support what I have was the poor naked suffering widow Jewell's bare good grant to put in your plant one tender feeling towards me and settle me at Liberty from attending Sade Court your Humble Servant Josiah Phillips
Mr James L Edwards

U. S. Attorney's Office,
Portland Me July 18. 1838.
Sir,
In pursuance to the suggestion, in your letter, of the 15 th June, respecting the supposed fraud in the execution of papers accompanying the application of Susanna Fowler, for a pension — I went to Kittery, the residence of Mrs. Fowler, on the 5 th inst. to investigate the affair. — From that investigation I became satisfied that Jonah Phillips , of said Kittery, was guilty of forgery in preparing certificates & testimony in Mrs. Fowler's application for a pension —
I caused a complaint to be made against said Phillips, & today he has been examined, before the U. S. District Judge, of this district, & found guilty, & has entered into recognizance for his appearance at the next Circuit Court, on the 10 th of October next, for trial —
I think there can be no doubt that the prisoner has forged, or procured to be forged, the affidavits of Richard Butts, & James Brown — & probably the signatures of some of the witnesses. — He is a man about 60 years old, & a very unfortunate cripple from his birth, (being almost without legs.)

He has a wife & 6 children, 4 under age, & has, as far as I can learn sustained a fair character before this affair was disclosed. He is, I think, a weak man in intellect, & could easily be duped, by an artful person.
Although the guilt of the prisoner seems to be apparent, yet the public will be much inclined to commiserate him, for his misfortunes, though enhanced by crimes -
What evidence have you that Mr. Phillips forwarded to your Office - the affidavits & papers which you sent to me? Should he continue to urge his plea of Not guilty , I should want proof - that those affidavits were forged by Phillips, & "for the purpose of obtaining & receiving", or causing others to obtain & receive money from the United States' ex- under the Statute of 1823. Chap. 166. Sec. 1. I should want legal proof - that the forgery was committed, & that it was done with the intent , contemplated in the Statute aforesaid. He may deny that the affidavits aforesaid were ever at the Department -
Please inform me what further proof, if any, you have touching this case -
I am most respectfully,
Your ob. Servant,
Joseph Howard, U.S. Dist. Atty -
Hon J. L. Edwards

V Susannah Fowler dec d Act 4 July '36 3 Sec, N.H.
Lot to J. Phillips Aug.
1. 1837; to Hon. J. Fairfield, May 2, 1838; do to Do. Hon. and US Dist Atty June 15. 1838. do US Dist Atty July 25 1838 do. to Hon. S. Cushman May 11. 1838 do. to J. Phillips Sept. 10. 1838

Portsmouth, New Hampshire,
7th August AD 1838.
Sir,
Agreeable to request, I take the liberty to address you on behalf of Joseph Phillips Esq. of Hitting in the State of Maine.
I have known the above named gentleman for more than twenty years, during which period he has sustained a good character for integrity and fairness in all his dealings.
The charge of forgery which has been brought against him, and for which he now stands bound for his appearance before the Circuit Court of the United States for the District of Maine, partakes more of the fool than the knave. In part, if I am correctly informed, there was no bad intent in the transaction. The whole was an affair of gross ignorance.

The fact is this. After Richard Curtis had made his statement, which was taken down, signed, and sworn to before Mr Phillips, he copied the whole over again, for the purpose, and the sole purpose, of improving the hand writing and correcting the spelling. I am informed that thereby the affidavit in every other respect remained unchanged . Although I should not feel disposed to convict the above named gentle man of forgery, yet had I the power, I would remove him from the Office of a Justice of the Peace.
With Great esteem,
Your Obedient Servant,
Daniel Cushman James L. Edwards Esquire Commissioners of Pensions Washington D.C.

To the Hon. James L. Edwards, commissioners of Pensions. &c -
The subscribers inhabitants of Kittery in the county of York, and state of Maine & of that vicinity, respectfully represent, that they are acquainted with Josiah Phillips Esquire of said Kittery and most of us have known him for many years. We regard him as a very honest, but a very ignorant man. He was brought up as a Tailor, and his residence at a very retired place in Kittery has prevented his having much intercourse with the world. It is true he was appointed a magistrate, but never did any business except to take the acknowledgement of a few deeds. He writes poorly, spells very badly & has little knowledge of men & things. He was born entirely destitute of feet, both legs having been cut off by nature a little below the knees, so that he walks on his knees. His mind seems naturally to be as deficient as his body, so that his judgment is very weak. He has a wife and five children. He has recognized to appear at the next U. S. Court to be held at Wiscasset to answer to a charge of perjury. The facts in the case as they have come to our knowledge are as follows: viz:
One Richard Butts Esquire of Kittery at the request of said Phillips called on him & gave his deposition to be used in an application of one Susannah Howland for a pension. The deposition was written by said Phillips signed by said Butts, & sworn to by said Butts before said Phillips. After said Butts had given said Phillips was about sending said deposition to your department. He found that it was written on a very small piece of paper, only a quarter of a sheet, that it was badly written, badly spelt, and unsuitable

to be forwarded to your department. The said Josiah Phillips, being ignorant of the infamy of his doings, but without intention to deceive any one or to defraud the government copied off the said deposition, as well as the said butts name subscribed thereto, certified it, and forwarded the same to your department.
The subscribers respectfully represent that they are fully satisfied that the said Phillips is  cannot  be  be  in any way  in any way  guilty  guilty in this transaction.
That if put on trial he will be acquitted by a jury of his country. We would further represent that the court to which he is recognized will sit more than one hundred miles from his residence. That he has mortgaged all his estate to his sureties for his appearance at court. That his bodily health is so feeble, that he is not able to travel and attend court. That his property is so small that he is unable to employ counsel or procure the attendance of witnesses to make a defence.
We do therefore respectfully but most earnestly pray your honor that you would write to Joseph Howard Egan, United States Attorney for the state of Maine, and direct him to make enquiry for the truth of statements herein set forth, and if on full enquiry he shall find the facts herein stated substantially true, that you will direct him to suspend any further prosecution against the said Phillips, and excuse him from attending said court.
Wittney July 24 1830.

Edgar A. McIntire, Kittery Joseph Seward " " William Sobey Jr Isaac Seward N. G. Marshall Yooke
Isaac Grisbee
James Frisbee Arius Grisbee Daniel Grisbee William L. Foye Charles Stevens Roger Dearing M c B. Trafton Portsmouth Thos P. Bradwell do E. J. Sise Leonard Cotton Oliver P. Kennard Hanson M c Hart Vern t Hammond Chiole John Yscatton, Portsmouth John Ball, Portsmouth Wm Goodrich Portsmouth Dudley Chase Portsmouth Verenick D Goodrich ditto
John Walker Portsmouth William Dexter do George Carter - do Thomas Bradwell do J. W. Moses " John L. Lawrence Nathan B. Folsom Jr Ichabod Goodwin, Portsmouth Taylor M. Rundle do Samuel Gadd Joseph Frisbee William Seward John Phillips Wm Seward Jr